Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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When a client discharges an Illinois lawyer and demands all the old files, who pays for the copies and what must be returned?
The opinion concluded that on termination the lawyer must return all original papers and property the client provided (active and inactive files), may keep copies at the lawyer's own expense, and…
Does an Illinois lawyer have to give the client the lawyer's own notes and investigative reports from the case file?
The opinion concluded that a lawyer's notes, drafts, and internal investigative materials are the lawyer's property and need not be turned over to the client, and that a lawyer may also refuse to…
When a contingent fee agreement ends early, can the lawyer collect a fee, and what can a contingent fee contract say about fees on termination?
The committee concluded a contingent fee agreement may give the lawyer a quantum meruit fee when the client discharges the lawyer without cause, but only up to the maximum contract fee and only when…
Can a California lawyer send an investigator to interview accident victims and witnesses when the lawyer does not yet represent any client in the matter?
Per California Formal Opinion 1995-144, clientless investigations risk violating former Rule 1-400(C). If the investigator, with the lawyer's express or implicit authorization, conveys any message…
Can a California lawyer hire a 'medical liaison' to give a promotional presentation to physicians who may then refer patients, and how does Rule 1-400 apply across the chain from lawyer to liaison to physician to patient?
Per California Formal Opinion 1995-143, the liaison's promotional presentation is a 'communication' subject to former Rule 1-400. The lawyer may be disciplined for untrue statements or other…
Can a California criminal defense lawyer send targeted direct-mail letters ('jail mail') to recently arrested people based on police booking records, and what rules govern the letter's content, transmission, and the use of a non-attorney service to compile the list?
Per California Formal Opinion 1995-142, truthful and non-deceptive direct mail marketing of legal services is constitutionally permitted under Shapero, but targeted mailings to arrestees are subject…
When a California lawyer or law firm provides non-legal services to a client, directly, through a non-lawyer employee, or through a lawyer-owned entity, what conflicts-of-interest, confidentiality, advertising, and fee-sharing rules apply?
Per California Formal Opinion 1995-141, a lawyer may render non-legal services to a client directly, through a non-lawyer employee, or through a lawyer-owned entity, but must comply with the Rules…
Can a California lawyer advise a client to buy insurance, refer the client to a specific insurance agent, and accept a commission from that agent for the referral?
Per California Formal Opinion 1995-140, a lawyer may do so only by making full written disclosure under former Rule 3-310(B)(4) of the referral arrangement and its actual and reasonably foreseeable…
When a California lawyer is hired by an insurer to defend an insured, who is the client when the lawyer learns information that calls coverage into question, and what must the lawyer do?
Per California Formal Opinion 1995-139, the lawyer owes loyalty to the insured. Information adverse to the insurer learned in defense of the insured may not be disclosed to the insurer under…
When a client in litigation insists on drafting court papers, appearing without the lawyer, and capping the lawyer's hours in ways that block the lawyer's independent judgment, what are the lawyer's duties and when must the lawyer withdraw?
The committee concluded the lawyer must keep control over the accuracy of court filings and the exercise of independent judgment, must counsel the client (preferably in writing) about the…
Can a public defender office contract to appoint and pay outside conflict counsel from its own budget?
The committee was of the opinion that a contract requiring the public defender office to recognize conflicts and hire outside counsel from its budget raises conflict issues under RPC 1.7 and 1.9,…
Can a lawyer enter an agreement with a union to refer its members for legal services?
The committee was of the opinion that, although such a union-referral agreement might on its face appear to violate RPC 7.3, the U.S. Supreme Court has held in a series of cases that such…
Can a law firm include nonlawyer staff in a profit-sharing plan based on a percentage of firm income?
The committee was of the opinion that a profit-sharing plan under which nonlawyer staff receive a percentage of income after monthly overhead and guarantees to partners is permitted by RPC 5.4(a)(3).
Can plaintiff's counsel communicate directly with an insurance adjuster after a lawyer has appeared for the insured?
The committee was of the opinion that RPC 4.2 would not prohibit plaintiff's counsel from communicating directly with an insurance adjuster unless that adjuster were independently represented by…
Can a law firm share fees with a lawyer who was later disbarred, including on contingent-fee cases?
The committee was of the opinion that anything legally earned by the disbarred lawyer before the date of suspension or disbarment, whichever came first, could properly be distributed, and that on…
Can a lawyer who once represented an insurer's insured later sue a different person insured by that same insurer?
The committee was of the opinion that if the lawyer never represented the insurer and holds no confidences or secrets about it, the Washington RPCs do not bar representing a client against a party…
Can a legal services program accept third-party funding that bars it from raising certain claims, pursuing class actions, or appearing before legislatures, and what does it owe clients when funding is cut?
The committee was of the opinion that a legal services program must notify clients and seek to withdraw when funding cuts prevent competent representation, and that third-party funding restrictions…
Can a for-profit service solicit bids from law firms on behalf of its business clients?
The committee was of the opinion that a proposed for-profit service organization that would solicit bids from law firms on behalf of its business clients would violate RPC 7.2(c).
Can a lawyer collect on claims owned by a collection-agency client without running into the rule against fee splitting?
The committee was of the opinion that as long as it is clear the lawyer is collecting on claims owned by the client and the fee agreement complies with RPC 1.5, there is no fee-splitting problem and…
What must a law firm do when it discovers a former shareholder or employee stole client funds?
The committee was of the opinion that under RPC 8.3(a) the firm should promptly report the misconduct (though the rule's 'should' makes reporting non-mandatory), and that under RPC 1.4(b) it had a…
Can a lawyer representing buyers in real estate deals be paid through real estate broker fees?
Based on the facts presented, the committee could find no violation of the Rules of Professional Conduct in the lawyer's proposed representation, while declining to opine on whether the lawyer…
Can a lawyer also work as an insurance broker?
The committee's published summary states that a lawyer may also engage in business as an insurance broker but must be careful to distinguish between the obligations of each profession.
Can a lawyer agree to have translators screen and refer clients and share the initial consultation fee?
The committee was of the opinion that the proposed agreement, under which two translators would screen clients, set an initial fee agreement, refer them to the lawyer, and share an initial…
Can a law firm represent clients adverse to a city when one of the firm's lawyers serves on the city council?
The committee was of the opinion that because there is no attorney-client relationship with the city council, RPC 1.7(a) does not apply, but RPC 1.7(b) always applies and may require client consent…
Can a fee agreement tell the client the lawyer has the right to withdraw from the case at any time?
The committee was of the opinion that a clause stating the lawyer has the right to withdraw could be misleading and may not comply with RPC 1.15, because withdrawal may be subject to relevant law or…
Can a lawyer pay a paralegal out of court-awarded attorney's fees without violating the rule against fee splitting with a nonlawyer?
The committee was of the opinion that the arrangement does not violate RPC 5.4(a) if the nonlawyer is paid on an hourly basis and not as a fractional or percentage share of the attorney's fees, and…
Can a law firm whose lawyers all practice tax law call itself 'Tax Attorneys' on its letterhead and business cards?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a firm whose attorneys all practice tax law from using the words 'Tax Attorneys' in its communications,…
Can a law firm give the title 'principal' to an employee-lawyer who has no ownership interest in the firm?
The committee was of the opinion that there is nothing inherently wrong with using the term 'principal' this way and that it will not violate RPC 7.5(d), but it may have the capacity to mislead the…
Can a lawyer offer to represent someone for free at first and then ask for a retainer the next day?
The committee was of the opinion that, depending on the circumstances, the conduct may be permissible, but it is prohibited by RPC 7.3(a) if motivated by pecuniary gain, representation may be barred…
Can a lawyer offer a service that just helps pro se divorce litigants fill out their court forms?
The committee was of the opinion that providing such a form-completion service is the practice of law and that the proposal is fraught with violations of the Rules of Professional Conduct.
Does a prosecutor have a conflict of interest when investigating a police officer the prosecutor works with?
The committee was of the opinion that the employment relationship alone does not create an attorney-client relationship, so there is no inherent conflict under RPC 1.7(a), but there is a potential…
Does a lawyer have to tell a neighbor he is a lawyer when handling his own personal dispute?
The committee was of the opinion that the lawyer had no duty to disclose that he is a lawyer in the described circumstances, but noted that if asked directly whether he was a lawyer, he would have…
Can a law firm hand out a fee-discount coupon to mark its anniversary, or donate to charity for each coupon redeemed?
The committee was of the opinion that a law firm may offer a coupon for $50 off legal fees to celebrate the firm's 25th anniversary, or may make a similar charitable contribution for each coupon redeemed.
Can a lawyer represent a client adverse to a client of a former firm if the lawyer never worked for that client?
The committee was of the opinion that, on the facts presented, where the lawyer did not personally work for the adverse client at the former firm and obtained no confidences or secrets, there would…
Can a firm represent a client suing a school district that belongs to a risk pool the firm also represents?
The committee was of the opinion that the firm could represent both clients only if it complied with the requirements of RPC 1.7(a).
Can two lawyers form a professional service corporation under their joint names while otherwise practicing as separate sole practitioners?
The committee was of the opinion that such an arrangement is not an entity contemplated by RPC 7.5, and that it would be misleading and a violation of RPC 8.4 to hold the lawyers out as partners…
Must a lawyer holding settlement proceeds pay the client's creditors after the client withdraws authorization to pay them?
No. The committee concluded that, absent a valid lien on the funds, it would be a violation to distribute the trust funds to creditors over the client's objection once the client withdrew…
Can a lawyer licensed only in Washington use out-of-state association letterhead and represent out-of-state clients?
The committee said whether a Washington-only lawyer's out-of-state letters and letterhead constitute unauthorized practice is a legal question it cannot answer, but that the rules would permit…
Can a lawyer send client documents and confidences by fax without violating the duty of confidentiality?
The committee was of the opinion that using a facsimile machine is more like communicating by mail than by cordless telephone, so it can comply with RPC 1.6; the lawyer can take protective measures…
Can a lawyer who sells insurance door-to-door take the people they meet as legal clients, and identify as an attorney while selling?
The committee was of the opinion that the lawyer cannot take the people met while selling insurance door-to-door as legal clients, and if the lawyer identifies as an attorney must fully disclose…
Can a law firm pay a nonlawyer employee a percentage of the fees from clients they bring in, and have that employee solicit clients?
The committee was of the opinion that paying a nonlawyer a percentage bonus on the gross fees from clients he generated is improper fee splitting that violates RPC 5.4(a) and 7.2(c), and that having…
Can a lawyer add Washington's business and occupation (B&O) tax to a client's bill as part of the fee?
The committee was of the opinion that a lawyer is prohibited from charging the B&O tax as part of the fee, because it is not a sales tax and presenting it that way would be misleading.
Can a lawyer attend a Chamber of Commerce networking breakfast where members introduce themselves and say what they do?
The committee was of the opinion that nothing in the rules prohibits attending such breakfast meetings, so long as the lawyer does not engage in in-person solicitation of group members, or let…
Can a lawyer pay to be listed with a for-profit lawyer referral service that recommends a specific attorney to callers?
The committee was of the opinion that paying a for-profit referral service that recommends a specific attorney in exchange for a fee is prohibited by RPC 7.2(c), which permits only not-for-profit…
What can a criminal defense lawyer tell a client about breaking the law, and what can the lawyer say to a victim or witness?
The committee was of the opinion that a defense lawyer must advise the client of the relevant law and, if the client contemplates illegal acts, of the legal consequences and against committing them;…
When a statute changes, does a lawyer have to tell current and former clients about it?
The committee was of the opinion that a lawyer actively representing a client on a relevant matter must notify the client of a statutory amendment under RPC 1.1 and 1.4, that there is no such duty…
Can a lawyer practice law and also work as an insurance adjuster?
The committee was of the opinion that a lawyer can ethically maintain dual professions but the risk of violating the rules is high; the lawyer must preserve client confidences, disclose in what…
Can a lawyer operate a single firm that offers both legal services and public accounting (CPA) services?
The committee was of the opinion that nothing in the rules prohibits a lawyer from operating a professional services corporation offering both legal and accounting services, but it was unlikely the…
If a Washington lawyer associates with an out-of-state lawyer, can the Washington lawyer be disciplined for assisting the unauthorized practice of law?
The committee declined to define what counts as unauthorized practice (a legal question), but said that if the out-of-state lawyer's conduct is the unauthorized practice of law and a…
Does the conflict-imputation rule (RPC 1.10) still apply to a partner who is on a leave of absence from the firm?
The committee was of the opinion that RPC 1.10 applies, but whether the firm's leave-of-absence arrangement keeps the partner from being 'associated with' the firm is a question of law it could not answer.
Can a divorce lawyer take a security interest in real property to secure the fee in a marriage dissolution case?
The committee was of the opinion that, because all property is at issue in a dissolution, taking an interest in the real property is taking an interest in the subject matter of litigation in…
Can a lawyer serve as part-time in-house counsel for more than one business at the same time?
The committee agreed that nothing in the RPCs prohibits a lawyer from serving as part-time in-house corporate counsel for more than one client, so long as communication of that status is not…
Does a Washington lawyer have to report an out-of-state attorney suspected of unauthorized practice, and can a Washington lawyer practice across state lines?
The committee said determining what is the unauthorized practice of law is outside its jurisdiction, that an attorney has no mandatory duty under RPC 8.3(a) to report another attorney's conduct, and…
What rules apply when a Washington lawyer represents a client before a foreign government agency, and does the attorney-client privilege carry over?
Per the committee's summary, if appearing before the foreign agency is the practice of law the lawyer must comply with the RPCs; if it is not the practice of law, the lawyer must tell the client the…
Can a law firm send targeted letters to homeowners with suspected defective plumbing, and promise they owe no costs if there is no recovery?
Yes to both. The opinion concluded that under Montana's permissive Rule 7.3 a non-misleading targeted mailing is proper solicitation, and Rule 1.8(e) lets a firm make repayment of advanced costs…
Can a lawyer join a prepaid living-trust referral network whose contract bars criticizing the network's documents or acting against it?
The opinion concluded no; the participating-attorney agreement violates the rule against letting a third party who pays for legal services direct the lawyer's professional judgment.
May a judge sentence defendants to a state-approved DUI program taught by the judge’s bailiff?
Opinion 94-538 concludes the judge should not sentence defendants to a DUI school taught by the bailiff because the arrangement creates an appearance of impropriety and suggests special influence.
Could a judge hear juvenile cases or refer juveniles to a company employing the judge’s spouse?
West Virginia JIC Opinion 1994-23 concluded that hearing cases involving the spouse’s company or referring cases to it would create an appearance of impropriety.
Could a magistrate join the Fraternal Order of Police Associates?
West Virginia JIC Opinion 1994-22 concluded that the membership would harm the appearance of impartiality and public confidence.
Must a judge recuse from hospital cases because an adult stepson works there?
West Virginia JIC Opinion 1994-21 found no required recusal on the stated facts, but said the judge should disclose the employment on the record.
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.